Brown+v.+Tesack

Mary Brown v. Katherine Tesack Supreme Court of Louisiana September 6, 1990

Background: Two boys, Leonard Kisack and Gerald Preston found 4 cans of partially used flammable fluid around a dumpster at Henderson H. Dunn Elementary School. After the summer recess, the boys then took the cans into the Desire Housing Project area and began building small fires. Preston went back to the dumpster later for another can and began pouring the liquid onto an already burning milk carton. Coincidently, Ernest Brown, another student, happened to walk by the fire and a ball of fire struck him in the chest. He suffered severe burns on his face and body. Based upon inventory receipts and billing receipts, it was proven that the cans did in fact come from an employee of the school. These cans were improperly disposed.

Decision and Rationale: The court investigators completed strenuous research and found that the fluid was in fact placed into the dumpster by a school employee. Brown’s mother was unable to prove how long the cans had been in the garbage. Another factor considered was if it was a regular day for emptying the dumpster. The first decision was that both Kisack and Preston were found solely responsible for the plaintiff’s injuries. Preston was responsible for 90% of the settlement while Kisack was responsible for 10%. After further appeal, the School Board was held accountable for 55%, Preston for 35% and Kisack for 10%.

Impact on Education: I feel that this incident was completely a “freak of nature”, if you will. As human beings, we sometimes get busy and do not realize that throwing something away improperly could cause an innocent child to become injured outside of school. In my opinion, this is one of those cases where one person’s unintentional negligence was brought forth into the court system.

Quiz Question: TRUE/FALSE It is required that certain flammable materials be properly disposed of.

Submitted by Jenna Bass, Megan Good and Chelsea Moody

 **Brown **   Argued:  February 16, 1990  Decision: September 6, 1990
 * v. **
 * Tesack **

 **Background: **  The summer 1984 Henderson H. Dunn Elementary School employee disposed of cans with flammable fluid in the dumpster located at the rear of the school, while being aware of the hazard the fluid posed in the wrong hands. Also aware adjacent to the school was the housing Desire Housing Project and children from that area used the school as a pass-through. The school had records of break-in and problems with vandals on school property from local area... <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%;">Plaintiff lived in the projects near the school and happens to come upon the kids who had stolen the cans of fluid out of the school dumper and were using the fluid from the cans to start fires. Plaintiff happens to come upon the scene and a fireball from the activity with the cans of fluid struck him in the chest and severely burned him. The case claims if the cans of fluid had not been disposed of improperly in the dumper that plaintiff would not have been injured.

**<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%;">Decision and Rationale **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%;">: <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%; margin: 0in 0in 0pt; tab-stops: 51.75pt; tabstops: 51.75pt;">The decision of the court found that Board had failed to take precautionary measures to make sure the fluid was kept secure. This caused the plaintiff to suffer the burns. Settlement awarded to the plaintiff. The rationales behind the decision; the school was aware and knew how important safe and security significant dispose of the unused fluid was, and know about the problem area that the school was located in. Schools had foreseen the problem, and choose not to follow the policy that had been in place prior to August 1984 **<span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%;">Impact on Teaching: ** <span style="font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: 200%; margin: 0in 0in 10pt;">Teacher’s to need to be aware and always try to foresee problems ahead of time and always take ever precaution to insure safety of all involved. Policies are in place for a reason and to keep all parties out of harm’s way. Schools need to always enforce rules to assure safety first. ** Quiz Question: **** True or false - The school’s policy restricted how the fluid could be disposed. ** ** summitted by Carrie Gossett **